HomeMy WebLinkAboutChapter 219 Shellfish & Other Marine Resources Code
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To:
Scott Russell, Supervisor
Members of the Town Board
/'
From:
Mark Terry, Principal Planner \ (,
L WRP Coordinator'
~It
:;...Irti; 2007
Date:
Re:
Request for Local Waterfront Revitalization Program Consistency Determination for
amendments to Chapter 219 Shellfish and Other Marine Resources Code.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the L WRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation that
the proposed changes are CONSISTENT with the LWRP provided that the following policy
standards are achieved to the greatest extent practical:
It is recommended to further the intent of the L WRP Policies 6 and 11 that known eelgrass
(Zostera marina L) beds are designated as spawner sanctuaries pursuant to Chapter 275
Wetiands and Shoreline. It is fnrther recommended that the raking of hard clams or any
other action that results in the death or dislodgement of eelgrass plants from the substrate
be strictly prohibited. Chapter 275 defines a "Spawner Sanctuary" as "An area of bottom
designated by the Trustees for the purpose of protecting and enhancing shellfish
populations for a specific period of time". The applicable policies and sub policies are
outlined below:
Policy Standards
6.1 Protect and restore ecological quality throughout the Town of Southold.
A. A void adverse changes to the Long Island Sound and the Peconic Bay ecosystems that
would result from impairment of ecological quality as indicated by:
1. Physical loss of ecological components
Physical loss is often the most obyious natural resource impairment to
identify. It usually results from discrete actions, such as filling or
.
2. Degradation of ecological components
Degradation occurs as an adverse change in ecological quality, either as a
direct loss originating within the resource area or as an indirect loss
originating from nearby activities. Degradation usually occurs over a
more extended period of time than physical loss and may be indicated by
increased siltation, changes in community composition, or evidence of
pollution.
3. Functional loss of ecological components
Functional loss can be indicated by a decrease in abundance of fish or
wildlife, often resulting from a behavioral or physiological avoidance
response. Behavioral avoidance can be due to disruptive uses that do not
necessarily result in physical changes, but may be related to introduction
of recreational activities or predators. Timing of activities can often be
critical in determining whether a functional loss is likely to occur.
Functional loss can also be manifested in physical terms, such as changes
in hydrology.
The raking of hard clams in known eelgrass beds breaks root
structures causing the eelgrass plants to dislodge from the substrate
and eventually die. The action results in the physical loss of
ecological components.
B. Protect and restore ecological quality by adhering to the following measures.
1 . Maintain values associated with natural ecological communities.
Each natural ecological community has associated values which
contribute to the ecological quality of the Town of Southold. These
values should be assessed on a case-by-case basis.
2. Retain and add indigenous plants to maintain and restore values of
natural ecological communities.
a. Protect existing indigenous olants from loss or disturbance to the
extent oractical.
3. A void fragmentation of ecological communities and maintain corridors
to facilitate the free exchange of biological resources within and among
communities.
a. Each individual resource area should be maintained as a
complete contiguous areas to protect the area's natural resource
values. Specifically, actions that would fragment the ecological
community into separate ecological islands should be avoided.
b. Where fragmentation of ecological communities has already
occurred, the adverse effects of fragmentation can be mitigated
by maintaining or providing connecting corridors to allow
exchange of biological resources.
4. Maintain ecological integrity of particular locales by maintaining
structural and functional attributes, including normal variability, to
provide for self-sustaining systems.
5. Avoid pennanent adverse change to ecological processes.
It is widely known that the Peconic Estuary (PEP) provides
important habitat, as well as spawning and nursery grounds, to a
wide variety of marine organisms-most notably shellfish, such as
bay scallops, hard clams, and fish, such as, Atlantic silverside, scup
(also called porgy), summer flounder (also called fluke), winter
flounder, weakfish and tautog.
The PEP recognizes that some of the most important underwater
habitats of the estuary are the meadows of eelgrass found along the
eastern end of the Peconic Estuary. These eelgrass beds provide
food, shelter, and nnrsery grounds to marine animals, stabilize the
bay bottom and are an important component of the nutrient cycle iu
the estuary.
Eelgrass beds provide shelter and food for a variety of juvenile
finfish and shellfish as well as many other invertebrates. Shelter is
provided not only by the actual structure of the eelgrass blades but
also by the fact that eelgrass beds dampen currents, resulting in a
low velocity zone among the blades. Food for the resident species is
provided by epiphytes and their associated grazers on grass blades
as well as increased suspended material which falls to the bottom as
a result of the slow currents within the beds. These rooted plants
also stabilize the underlying substrate and prevent scouring and
erosion. Critical areas for eelgrass are currently considered to be all
those areas where this species currently exists.
Together with the Peconic Estuary Program, the Town of Southold
Local Waterfront Revitalization Program recognizes that eelgrass is
an especially important habitat for the bay scallop (Argo pectin
irradins), which historically has been an important commercial
resource in the Peconic Estuary.
Eelgrass may be removed from an area by natural and human
disturbances of varying scale and frequency. Natural disturbances
include disease, catastrophic storms, periodic storms, sediment
transport, ice damage, and grazing pressures. Human disturbances
include physical disturbances (dredging, groin construction,
shellfishing, propeller damage), toxic pollution, and degradation of
water transparency from nutrient enrichment, topsoil runoff, and
activities that re-suspend sediments. The two principal human
disturbances affecting eelgrass growth is declining water quality and
physical distnrbance.
In 1995 Cashin Associates identified that "human activities recently
have also exhibited a strong influence on the patterns of eelgrass
distribution and abundance" Nutrient loading to surface water, due
primarily to storm water runoff and sewage effluent, can spur
phytoplankton growth. Excessive growth or "blooms" of
phytoplankton reduce the water column transparency and so decrease
the amount of light penetration to a level that eelgrass beds are unable
to survive. Elevated nutrient levels can also lead to macro algae
domination and excessive epiphyte growth, both of which can impair
the ability of eelgrass to survive.
The nitrogen loading in the Peconic Bay is still problematic. In a
recent published report titled "Total Maximnm Dailv Loads for
Nitro!!en in the Peconic Estuarv Pro!!ram Studv Area. Includin!!
Waterbodies Currentlv Impaired due to Low Dissolved Oxv!!en: the
Lower Sawmill Creek: and Meetin!!house Creek. Terrv Creek and
Tributaries (Julv 18. 2007)" high nitrogen level have been linked to
algal blooms which result in low dissolved oxygen conditions and
subsequent shelIfish and fish die offs in the estuary.
The CornelI Cooperative Extension website, Seagrassli.com,
identifies threats to eelgrass as wasting disease, brown tide,
macro algal blooms, bioturbation, climatoligical change and
anthropogenic activities (boating, hardened shorelines and
shelIfishing). The site confirms that recreational clammers and
commercial baymen have been observed digging clams in eelgrass
meadows. However, in most cases, the damage done by casual
clamming is minor and, given time, the meadow will repair itself.
Conversely, chronic clamming in areas will eventualIy overwhelm
the population's ability to regenerate the meadow and the
population decline or disappear totalIy.
11.1 Ensure the long-term maintenance and health of living marine resources.
A. Ensure that commercial and recreational uses of living marine resources in the
Town of Southold are managed in a manner that:
1. places primarv importance on maintainin!! the lon!!-term health and
abundance of marine fisheries.
2. results in sustained useable abundance and diversity of the marine
resource,
3. does not interfere with population and habitat maintenance and
restoration efforts,
4. uses best available scientific information in managing the resources
5. minimizes waste and reduces discard mortality of marine fishery
resources,
6. restricts commercial and recreational activities. includin!! the use of
certain !!ear tvpes. !!ear sizes and practices that have ne!!ative
impacts on marine habitats.
B. Protect and manage native stocks and restore sustainable populations of
indigenous fish and wildlife species and other marine living resources.
The protection of native stocks includes protecting the genetic integrity of
recognizable native populations that can be placed at risk by inappropriate
stocking. Native stocks also need to be protected from adverse impacts due to
introduction of non-indigenous species.
C. Foster the occurrence and abundance of the Town s marine resources through:
1. protection of soawnin!! !!rounds. habitats. and water Qualitv.
2. enhancement and restoration of fish and shellfish habitat.
3. the prevention of over-fishing.
Article IV - Operational, Section 219-14; Culling shellfish and
restoration of underwater lands: requires that "all lands under town
waters disturbed by the taking of shellfish be restored to their
condition prior to the taking of such shellfish by the person taking
such shellfish". This requirement is difficult and impractical. The
restoration of areas, including eelgrass beds is a long term endeavor
based upon intensive management and monitoring. A voidance of
such areas is the most practical, enforceable application that will
protect the spawning areas and meet the above policies.
The proposed amendments of Chapter 219 will maintain long term
shellfish populations through numerical harvest controls that can be
taken from Town waters. However, the amendments fail to protect
important habitat areas of ecological significance. The
establishment of "Spawner Sanctuaries" in areas where known
eelgrass beds exist would further Policies 6 and 11 of the L WRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
CC: Town of Southold Board of Trustees
Patricia Finnegan. Town Attorney
Kieran Corcoran, Assistant Town Attorney
John Sepenoski, Chair. L WRP Coordinating Council